Our Constitutional Right to Protest Is Under Assault
By Lauren Reid
A new proposed rule from the National Park Service is aiming to restrict peaceful protest in parks and even sidewalks within the District of Columbia—just one effort on a long list of anti-protest laws popping up all around the country.
Our right to free speech and peaceful protest is so fundamental to our democracy that it's one of the first points the authors of the Constitution felt must be guaranteed—centuries of state-sponsored oppression and persecution was bad enough to deem free speech a top priority for the new republic. Without this protection, think of the dozens of modern critical moments shaping our country that might not have happened otherwise—from the 1969 Moratorium to End the War in Vietnam, which bolstered the anti-war sentiment for many families, or the 1963 March on Washington for Jobs and Freedom, where Martin Luther King Jr gave his iconic "I have a dream speech."
In moments like these, protests gave ordinary people like me and you a space and place to speak in the public interest, allowing us to practice of our First Amendment rights and hit an emotional cord, shaping the national discourse.
But now this freedom to express ourselves is under serious threat, thanks to Trump's Interior Department. Under a new proposal introduced by Interior Secretary Ryan Zinke, the National Park Service is looking to dramatically limit the right to demonstrate near the White House and the National Mall, block 80% of the White House sidewalks, impose strict limits on spontaneous demonstrations, and even charge people for protesting.
Above: Cedar George-Parker, 20, a youth activist from the Tulalip Indian Band and Tsleil-Waututh Nation in Coast Salish Territory seen here at the White House after marching through the streets of DC for Native Nations Rise. The Kinder Morgan pipeline – approved last year by Canadian Prime Minister Justin Trudeau despite widespread opposition from the impacted Indigenous communities – was meant to go directly through Cedar's home territory.
If enacted, this proposal would erode Constitutional freedoms and protections that could render us gagged and unable to speak out. I suspect that like the fable of the frog in boiling water, this Administration is slowly turning up the heat while destroying our rights in the hopes we don't notice until they're effectively gone. While it's infuriating that we have to protest to protect our right to protest, if we have learned nothing from this Administration's endless attacks on our freedoms it's that they have no intention of stopping—therefore we can't either.
This is merely the latest in a string of efforts aimed at silencing dissent, from the oil and gas industry attempting to influence protest laws, to state legislatures enhancing criminal penalties against demonstrators. Following the resistance at Standing Rock against the Dakota Access Pipeline in 2016, strategic lawsuits against public participation (otherwise known as SLAPP suits) were filed by multinational corporations against environmental and civil rights advocates active at the protest, and anti-protest laws have been proposed and enacted in legislatures across the country.
A series of over 60 bills have been introduced since the end of 2016 seeking to restrict the right to protest and enhancing existing criminal penalties—like a bill introduced in the Pennsylvania Senate that could make pipeline protests a 2nd-degree felony—that's the same level of offense for sexual assault or aggravated assault with a deadly weapon. Another anti-protest law that went into effect in Louisiana this August has already been used to arrest more than a dozen protesters opposing Energy Transfer's Bayou Bridge pipeline in Louisiana.
And let's be clear here—restricting the right to protest will always disproportionately impact underserved and marginalized communities, those who do not see themselves represented, those who are compelled to the forefront of movements in demand justice and a fair and equal society for all. For underserved communities who cannot afford to pay to demonstrate, who cannot afford to now pay to speak, these regulations will further exacerbate the injustice our communities face. If you have to pay for free speech it's not free.
A rally was held in Lafayette Park across the street from the White House as part of "A Day without a Woman" march on Washington. The march and rally were being held on International Women's Day, March 8th, bringing together women and allies together for equity.
Case in point—the criminal charges levied against Ferguson activists and the Water Protectors from Standing Rock Sioux Tribe are just a few examples of how restricting speech can have profound and long-lasting impacts on those fighting for a fair and healthy democracy, while also intimidating others from participation. Targeted and sweeping arrests during a protest are one of the easiest ways to chill speech and deter individuals from organizing in their communities—which is perhaps the point this government is trying to make.
Everyone deserves an equal voice in a democracy, whether that's the environmental movement or the Tea Party. Each attempt to erode our constitutional right to peacefully demonstrate is a huge red flag that our democracy is at serious risk—and if we don't fight back now, we'll end up boiled alive before we even realize it's too late.
So ladies and gentlemen, please get out and vote on November 6th. While candidates and democracy itself are never perfect (and never will be), this is a moment to let your voices be heard, and vote those who intend to dismantle our rights out of power for good. The fate of our environment, democracy, and constitutional freedoms depend on it.
By Melissa Gaskill
Two decades ago scientists and volunteers along the Virginia coast started tossing seagrass seeds into barren seaside lagoons. Disease and an intense hurricane had wiped out the plants in the 1930s, and no nearby meadows could serve as a naturally dispersing source of seeds to bring them back.
Restored seagrass beds in Virginia now provide habitat for hundreds of thousands of scallops. Bob Orth, Virginia Institute of Marine Science / CC BY 2.0<p>The paper is part of a growing trend of evidence suggesting seagrass meadows can be easier to restore than other coastal habitats.</p><p>Successful seagrass-restoration methods include <a href="https://www.sciencedirect.com/science/article/abs/pii/S0304377099000078?via%3Dihub" target="_blank">transplanting shoots</a>, <a href="https://onlinelibrary.wiley.com/doi/10.1111/j.1061-2971.2004.00314.x" target="_blank" rel="noopener noreferrer">mechanized planting</a> and, more recently, <a href="https://www.nature.com/articles/s41467-020-17438-4" target="_blank" rel="noopener noreferrer">biodegradable mats</a>. Removing threats, proximity to donor seagrass beds, planting techniques, project size and site selection all play roles in a restoration effort's success.</p><p>Human assistance isn't always necessary, though. In areas where some beds remain, seagrass can even recover on its own when stressors are reduced or removed. For example, seagrass began to recover when Tampa Bay improved its water quality by reducing nitrogen loads from runoff by roughly 90%.</p><p>But more and more, seagrass meadows struggle to hang on.</p><p>The marine flowering plants have declined globally since the 1930s and currently disappear at a rate equivalent to a football field every 30 minutes, according to the <a href="https://www.unep.org/resources/report/out-blue-value-seagrasses-environment-and-people" target="_blank" rel="noopener noreferrer">United Nations Environment Programme</a>. And research published in 2018 found the rate of decline is <a href="https://agupubs.onlinelibrary.wiley.com/doi/full/10.1029/2018GB005941" target="_blank" rel="noopener noreferrer">accelerating</a> in many regions.</p><p>The causes of decline vary and overlap, depending on the region. They include thermal stress from climate change; human activities such as dredging, anchoring and coastal infrastructure; and intentional removal in tourist areas. In addition, increased runoff from land carries sediment that clouds the water, blocking sunlight the plants need for photosynthesis. Runoff can also carry contaminants and nutrients from fertilizer that disrupt habitats and cause algal blooms.</p><p>All that damage comes with a cost.</p>
The Value of Seagrass<p>As with ecosystems like rainforests and <a href="https://therevelator.org/mangroves-climate-change/" target="_blank">mangroves</a>, loss of seagrass increases carbon dioxide emissions. And that spells trouble not just for certain habitats but for the whole planet.</p><p>Although seagrass covers at most 0.2% of the seabed, it <a href="https://www.unenvironment.org/news-and-stories/story/seagrass-secret-weapon-fight-against-global-heating" target="_blank">accounts for 10%</a> of the ocean's capacity to store carbon and soils, and these meadows store carbon dioxide an estimated 30 times faster than most terrestrial forests. Slow decomposition rates in seagrass sediments contribute to their <a href="https://www.researchgate.net/publication/238506081_Assessing_the_capacity_of_seagrass_meadows_for_carbon_burial_Current_limitations_and_future_strategies" target="_blank" rel="noopener noreferrer">high carbon burial rates</a>. In Australia, according to <a href="https://onlinelibrary.wiley.com/doi/10.1111/gcb.15204" target="_blank" rel="noopener noreferrer">research</a> by scientists at Edith Cowan University, loss of seagrass meadows since the 1950s has increased carbon dioxide emissions by an amount equivalent to 5 million cars a year. The United Nations Environment Programme reports that a 29% decline in seagrass in Chesapeake Bay between 1991 and 2006 resulted in an estimated loss of up to 1.8 million tons of carbon.</p>
Eelgrass in the river delta at Prince William Sound, Alaska. Alaska ShoreZone Program NOAA / NMFS / AKFSC; Courtesy of Mandy Lindeberg / NOAA / NMFS / AKFSC<p>Seagrasses also protect costal habitats. A healthy meadow slows wave energy, reduces erosion and lowers the risk of flooding. In Morro Bay, California, a 90% decline in the seagrass species known as eelgrass caused extensive erosion, according to a <a href="https://www.sciencedirect.com/science/article/abs/pii/S0272771420303528?via%3Dihub" target="_blank" rel="noopener noreferrer">paper</a> from researchers at California Polytechnic State University.</p><p>"Right away, we noticed big patterns in sediment loss or erosion," said lead author Ryan Walter. "Many studies have shown this on individual eelgrass beds, but very few studies looked at it on a systemwide scale."</p><p>In the tropics, seagrass's natural protection can reduce the need for expensive and often-environmentally unfriendly <a href="https://www.nioz.nl/en/news/zeegras-spaart-stranden-en-geld" target="_blank" rel="noopener noreferrer">beach nourishments</a> regularly conducted in tourism areas.</p><p>Seagrass ecosystems improve water quality and clarity, filtering particles out of the water column and preventing resuspension of sediment. This role could be even more important in the future. By producing oxygen through photosynthesis, meadows could help offset decreased oxygen levels caused by warmer water temperatures (oxygen is less soluble in warm than in cold water).</p><p>The meadows also provide vital habitat for a wide variety of marine life, including fish, sea turtles, birds, marine mammals such as manatees, invertebrates and algae. They provide nursery habitat for <a href="https://wedocs.unep.org/bitstream/handle/20.500.11822/32636/seagrass.pdf?sequence=1&isAllowed=y" target="_blank" rel="noopener noreferrer">roughly 20%</a> of the world's largest fisheries — an <a href="https://www.floridamuseum.ufl.edu/science/seagrass-meadows-harbor-wildlife-for-centuries/" target="_blank" rel="noopener noreferrer">estimated 70%</a> of fish habitats in Florida alone.</p><p>Conversely, their disappearance can contribute to die-offs of marine life. The loss of more than 20 square miles of seagrass in Florida's Biscayne Bay may have helped set the stage for a widespread <a href="https://www.wlrn.org/2020-08-14/the-seagrass-died-that-may-have-triggered-a-widespread-fish-kill-in-biscayne-bay" target="_blank">fish kill</a> in summer 2020. Lack of grasses to produce oxygen left the basin more vulnerable when temperatures rose and oxygen levels dropped as a result, says Florida International University professor Piero Gardinali.</p>
Damaged Systems, a Changing Climate<p>Governments and conservationists around the world have already put a lot of effort into coastal restoration efforts. And that's helped some seagrass populations.</p><p>Where stressors remain, though, restoration grows more complicated. <a href="https://www.rug.nl/research/portal/en/publications/the-future-of-seagrass-ecosystem-services-in-a-changing-world(3a8c56db-7bed-4c9e-ac7f-c72453e2a102).html" target="_blank">Research</a> published this September found that only 37% of seagrass restorations have survived. Newly restored meadows remain vulnerable to the original stressors that depleted them, as well as to storms — and <a href="https://www.ecowatch.com/tag/climate-crisis">climate change</a>.</p>
Seagrass in Dry Tortugas National Park, Florida. Alicia Wellman / Florida Fish and Wildlife / CC BY-NC-ND 2.0<p>In Chesapeake Bay a cold-water species of seagrass is currently hitting its heat limit, especially in summer, according to Alexander Challen Hyman of University of Florida's School of Natural Resources and Environment. As waters continue to warm due to climate change, the species likely will disappear there.</p><p>Climate-driven sea-level rise complicates the problem as well. Seagrasses thrive at specific depths — too shallow and they dry out or are eaten, too deep and there isn't enough light for photosynthesis.</p>
But There’s Good News, Too<p>Luckily, left to its own devices, a seagrass meadow can flourish for hundreds of years, according to a <a href="https://royalsocietypublishing.org/doi/10.1098/rspb.2019.1861" target="_blank" rel="noopener noreferrer">paper</a> published last year by Hyman and other researchers from the University of Florida. The researchers arrived at their conclusion by looking at shells of living mollusks and fossil shells to estimate the ages of meadows in Florida's Big Bend region on the Gulf Coast.</p><p>That area has extensive, relatively pristine seagrass meadows. "Our motivation was to understand the past history of these systems, and shells store a lot of history," said co-author Michal Kowalewski.</p><p>A high degree of similarity between living and dead shells indicates a stable area, while a mismatch suggests an area shifted from seagrass to barren sand. The researchers found that long-term accumulations of shells resembled living ones, suggesting that the seagrass habitats have been stable over time.</p><p>That stability allows biodiversity to thrive, creating conditions where specialist species can survive and flourish, according to Hyman.</p><p>Discovering the long-term stability of seagrass meadows has implications for choosing restoration sites, Kowalewski notes.</p><p>"There must be reasons they thrive in one place, while a mile away they don't and fossil data says they probably never did," he said. "If we remove a seagrass patch, we cannot hope to plant it somewhere else. It's not just the seagrass that is special. The location at which it's found is special, too."</p><p>A better approach is conserving these habitats in the first place, but we're not doing enough of that right now. The UN reports that marine protected areas safeguard just 26% of recorded seagrass meadows, compared with 40% of coral reefs and 43% of mangroves.</p>
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